January 2013

General antitrust

 The UK Government shares proposals for consumers and businesses to bring collective damages claims against competition law infringers
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7517 visits
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Norton Rose Fulbright (Brussels)
Belgium 20 contributions 5540 visits
UK GOVERNMENT ANNOUNCES PROPOSALS FOR AN "OPT-OUT" COLLECTIVE COMPETITION DAMAGES ACTION * On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages (...)

The UK Government announces plans to introduce an opt-out class action regime in its consultation paper on options for reforming the private enforcement system
Blackstone Chambers (London)
United Kingdom 23 contributions 5802 visits
Collective Actions: loss in complex cases* The big news from last week’s UK announcement on reforming private competition enforcement is that the government plans to introduce opt-out class actions for competition claims. The proposals incorporate various “safeguards” designed to ensure (...)

The Hong Kong Parliament gives some advice to companies preparing for the implementation of the Competition Ordinance
King & Wood Mallesons (Sydney)
Australia 3 contributions 7434 visits
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Ashurst (Hong Kong)
Hong Kong 1 contribution 151 visits
Hong Kong Competition Ordinance: First Conduct Rule* In this article we explore the First Conduct Rule in Hong Kong’s Competition Ordinance, focusing on its significance for companies preparing for implementation of the Ordinance. Overview of the First Conduct Rule The First Conduct Rule (...)

The Moroccan Government approves competition law reforms enshrining free competition as a constitutional principle and institutionalizing competition regulation embodied by the Competition Authority
Moroccan Competition Authority (Rabat)
Morocco 4 contributions 750 visits
The competition’s regulation institutional architecture is expecting to have a radical change in its structure. The first aspects of this long-awaited overhaul were substantially announced in the constitutional text. The latter has not only enshrined "free competition" as a constitutional (...)

Anticompetitive practices

 The German Competition Authority imposes fines of more than € 60 million on confectionery manufacturers for price fixing agreements (Chocolate Cartel)
German Competition Authority (Bonn)
Germany 447 contributions 113567 visits
Bundeskartellamt imposes fines of more than € 60 million on confectionery manufacturers* The Bundeskartellamt has concluded its fine proceedings against several manufacturers of branded confectionery. On account of several cartel infringements, fines of approx. € 60 million have been imposed (...)

The Paris Court of Appeal rules that dermo-cosmetic products do not have objective properties that could justify the prohibition of their sale on the Internet (Pierre Fabre / Cosmétique)
Vogel & Vogel (Paris)
France 94 contributions 118832 visits
In answer to the question of whether a general and absolute ban on selling cosmetics and personal care products online constitutes a hardcore restriction of competition by object, the European Court of Justice said that yes it did, if "having regard to the properties of the products at issue, (...)

The German Competition Authority fines eleven confectionary manufacturers over € 60 M for price agreements and information sharing (Mars, Ritter)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92498 visits
On 31 January 2013, the German Federal Cartel Office (“FCO”) announced that it has imposed more than € 60 million in fines on eleven companies for three different cartel infringements in the confectionary manufacturing sector. According to its press release, the FCO found price-fixing (...)

The EU Commission sends statements of objections to two pharmaceutical companies over a possible delayed entry of a generic pain-killer (Johnson & Johnson / Novartis)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52602 visits
On 31 January 2013, the European Commission announced that it had sent a Statement of Objections (“SO”) to pharmaceutical companies Johnson & Johnson (“J&J”) and Novartis over suspicions that an agreement between their Dutch subsidiaries in relation to Fentanyl (a strong pain (...)

The Brazilian CADE issues a decision on resale price maintenance that may serve as guidelines for future analyses (SKF)
OECD - Competition Division (Paris)
France 11 contributions 10424 visits
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Federal Comptroller General - Brazil
Brazil 9 contributions 2889 visits
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Machado Meyer Sendacz & Opice
Brazil 1 contribution 451 visits
The Brazilian Competition Authority (CADE) has recently issued an important decision on Resale Price Maintenance (RPM) practices that may serve as guideline for future analyses of this conduct (CADE’s Administrative Proceeding nº 08012.001271/2001-44). The administrative judgment started in (...)

The Chilean Competition Tribunal condemns trade association for collusion (ACHAP)
University College London
United Kingdom 6 contributions 12905 visits
On 29th January 2013, the Chilean Competition Tribunal (‘TDLC’) issued its judgment in the ACHAP case (Sentence 128/2013). The TDLC partially accepted the complaint filed by the competition agency (the “FNE”) against the local Advertising Agencies Trade Association (the “ACHAP”, for its (...)

The Spanish National Court issues a third judgment in the asphalt roads cartel case addressing the issue of the burden of proof in bid rigging cases (Asphalt roads cartel)
Bona Law (San Diego)
United States 14 contributions 6214 visits
In October of 2012 the Spanish National Court (“NC”) concluded its first two judgments on the Spanish asphalt roads cartel (“the Cartel”). In both cases the NC explained how the companies involved in the public bid process decided in a “competitive way” who was going to win the bid. The NC (...)

The U.S. District Court for the Northern District of California dismisses with leave to amend antitrust claims against high-tech producers employing the android operating system (Cascades Computer Innovation / RPX)
Dechert (San Francisco)
United States 26 contributions 8969 visits
Can An “Anti-Patent Troll” Be a Monopsonist or a Section 1 Conspirator?* A recent interesting case suggests that “anti-patent trolls” may in theory face antitrust liability. In Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), Judge Yvonne (...)

The Swedish Competition Authority files an application for procurement fines against railway company (SJ)
Swedish Competition Authority (Stockholm)
Suède 69 contributions 9926 visites
SJ taken to court over procurement penalties* According to the Swedish Competition Authority, SJ made an illegal move when acquiring cleaning services via direct procurement. Consequently, SJ is now required to pay penalties/procurement damages of SEK 8.5m. According to the Swedish (...)

The California Supreme Court applies the continuous accrual doctrine to actions under the unfair competition law finding that each overcharge shall give rise to a separate claim (Aryeh / Canon Business Solutions)
Sheppard Mullin (San Francisco)
United States 3 contributions 374 visits
California Supreme Court Resolves Split Over Accrual Rules for Unfair Competition Claims* The California Supreme Court has offered hope to plaintiffs facing statute of limitations problems under California’s Unfair Competition Law, holding that special rules for calculating accrual dates for (...)

The EU Commission fines telecom provider €79 million for illegal non-compete clause (Telefónica / Portugal Telecom)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92498 visits
On 23 January 2013, the European Commission imposed fines of € 66,894,000 on Spanish telecommunications provider Telefónica and € 12,290,000 on Portuguese telecommunications provider Portugal Telecom on account of an agreement between them not to compete with one another in the Iberian (...)

The EU Commission fines two companies €79 M for agreeing not to compete with each other in their respective home telecommunications markets (Telefónica and Portugal Telecom)
Liège University
France 39 contributions 158114 visites
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Ramón y Cajal (Madrid)
Spain 11 contributions 4136 visits
The Commission fines Telefónica and Portugal Telecom €79 million for agreeing not to compete with each other in their respective home telecommunications markets. I. The Parties Telefónica is the historical operator on the Spanish market. It has a limited presence on the Portugese market. It (...)

The Austrian Cartel Court imposes fines on a dairy company (Berglandmilch)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217934 visites
Austria: The Cartel Court imposes Fine on Dairy Company* On 23 January 2013, the Cartel Court imposed a fine of € 1 125 000 on the dairy producer Berglandmilch (Court reference number 29 Kt 77/12): Berglandmilch was found to have participated in an infringement of Article 101 TFEU and § 1 (...)

The EU Commission fines Spanish and Portuguese incumbent telecommunications operators for non-compete agreement (Telefónica / Portugal Telecom)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217934 visites
European Commission: Spanish and Portuguese incumbent Telecommunications Operators fined for non-compete Agreement* On 23 January 2013, the European Commission (the Commission) adopted a decision imposing fines of € 66 894 000 on Telefónica and of € 12 290 000 on Portugal Telecom for (...)

The South African Competition Authority rules that security of supply justifies exemption from the prohibition of anti-competitive agreements in the energy sector (South African Petroleum Industry Association)
UK Competition & Markets Authority - CMA (London)
United Kingdom 5 contributions 1660 visits
Competition are traditionally reluctant to recognise “crisis management” as a justification excusing restrictive agreements between competitors. In 2008, for example, the EU Court of Justice ruled that an agreement between the 10 main beef producers in the Republic of Ireland to co-ordinate (...)

The Hungarian Supreme Court upholds the Competition Authority’s decision and reduces fines in a gas insulated switchgear cartel (Siemens / Alstom)
Lakatos, Köves (Budapest)
Hongrie 35 contributions 47175 visites
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Kinstellar (Budapest)
Hungary 7 contributions 1454 visits
The HCO decision The Hungarian Competition Office (HCO) received one of its first leniency applications back in 2004 from ABB in connection with alleged anti-competitive activities by ABB, Areva, Siemens, Alstom and VA Tech on the gas insulated switchgear (GIS) market. Although the cartel (...)

The German Federal Constitutional Court decides that the statutory imposition of interest on cartel fines is consistent with the national constitutional law
German Competition Authority (Bonn)
Germany 447 contributions 113567 visits
Bundeskartellamt welcomes decision of Federal Constitutional Court on interest charged on cartel fines* In its ruling of 19 December, 2012, which was made public today, the First Senate of the Federal Constitutional Court decided that the statutory imposition of interest on cartel fines is (...)

The US FTC releases a summary of its new report on pharma patent litigation finding an increase in reverse payment settlements based on an expanded definition of payments
Jones Day (Washington)
États-Unis 20 contributions 6388 visites
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Jones Day (Washington)
United States 6 contributions 3111 visits
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Jones Day (Chicago)
United States 7 contributions 1792 visits
With the Supreme Court set to address the validity of "reverse payment" settlements of pharmaceutical patent litigation, the FTC released a summary of its new report, announcing that in 2012 drug companies entered "a record number" of such settlements. However, the underlying data and analysis (...)

The Danish Competition and Consumer Authority settles with jewellery and watches designing company for an infringement of the prohibition on resale price maintenance (Georg Jensen)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35803 visits
Georg Jensen pays fine in settlement for resale price maintenance* On January 16, 2013, Georg Jensen (a producer of lifestyle products) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price (...)

The Danish Competition and Consumer Authority enters into a settlement with a design company in a resale maintenance price case (Georg Jensen)
Plesner (Copenhagen)
Denmark 41 contributions 74238 visits
On 16 January 2013 the Danish design company Georg Jensen A/S (manufacturer of jewellery, watches and home accessories) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on (...)

The East Netherlands District Court holds former cartelist liable for injury suffered by its customer (ABB)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46563 visits
In a judgement of 16 January 2013 recently made available, the East Netherlands District Court held ABB to be liable for the injury suffered by its direct purchaser TenneT, the national electricity transmission system operator of the Netherlands, as a result of the insulated switchgear (...)

The East Netherlands District Court rules that an installer of gas insulated switchgear and its parent company are jointly and severally liable to pay damages to an electricity transmission operator which was harmed by a cartel (TenneT TSO / Saranne / ABB)
Jones Day (Amsterdam)
Netherlands 11 contributions 271 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 271 visits
Brief summary of facts In 1993, Sep and ABB entered into an agreement which provided for the supply by ABB of a Gas Insulated Switchgear (GIS) installation to Sep that was subsequently transferred to TenneT. In its Decision of 24 January 2007, the European Commission found that, inter (...)

The French Supreme Court rules on automotive quantitative selective distribution agreements (Auto 24/ Jaguar Land Rover)
Jones Day (Brussels)
Belgium 46 contributions 18513 visits
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Franklin (Paris)
France 34 contributions 21552 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 20 contributions 7761 visits
The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France. The judgment follows an earlier ruling on the matter by the Court of Justice of the European Union (CJEU), from which the (...)

The Italian Administrative Court of First Instance quashes, for the first time ever, an infringement decision adopted following two leniency applications (Shipping agencies services)
BonelliErede (Rome)
Italy 41 contributions 54007 visits
In its judgment delivered on 15 January 2013, the Italian Administrative Court of First Instance ("Tar Lazio") quashed for lack of evidence, the infringement decision adopted by the Italian Competition Authority ("ICA") on the Shipping agencies services case which was initiated on the basis of (...)

The Italian Administrative Court of First Instance annuls the NCA’s decision fining 15 shipping agents’ firms and two trade associations for a cartel at the port of Genoa (Servizi di Agenzia Marittima)
7 contributions 1784 visits
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Deloitte Legal (Milan)
Italy 1 contribution 575 visits
With the judgment published on 15 January 2013, the Italian administrative court of first instance with jurisdiction on antitrust cases (TAR Lazio) annulled the Italian Competition Authority’s (ICA) decision fining 15 firms and two trade associations for taking part in a cartel whose aim was (...)

The Spanish Competition Authority fines transport carriers for fixing prices, limiting production and sharing out the market for the road transport of containers originating from or destined for the port of Barcelona (ALTC, COTRAPORT, Barcelona Port Authority)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217934 visites
Spain: The Comisión Nacional de la Competencia fines ALTC, COTRAPORT and Barcelona Port Authority in Road Transport of Containers Case* In its resolution of 10 January 2013, the Comisión Nacional de la Competencia (CNC) Council found that between January 2006 and March 2011, an agreement (...)

The Italian Supreme Administrative Court rules that an award of a contract without prior publication of a notice for technical reasons is not allowed when the change of economic operator is “only difficult but not impossible” (Fastweb)
European Law Institute (Vienna)
France 2 contributions 327 visits
I. Introduction By judgement of 9 January 2013, the Consiglio di Stato (Italian Supreme Administrative Court, the “Court”), upholding the decision of a lower court (Administrative Tribunal of the Lazio Region, the “Lower Administrative Court”), ruled that the Ministry of Interiors was not (...)

The Chinese NDRC imposes sanctions on members of international LCD panel cartel (Samsung / LG / AU Optronics / Chunghwa / Chimei InnoLux / HannStar)
Simmons & Simmons (London)
United Kingdom 13 contributions 3142 visits
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HSBC (Hong Kong)
Hong Kong 2 contributions 754 visits
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University of Hong Kong
United Kingdom 6 contributions 9576 visits
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 1. Summary On 4 January 2013, China’s National Development and Reform Commission ("NDRC") announced that it had imposed fines and penalties totalling RMB 353 (...)

The Chinese NDRC announces penalties of € 43 million to be imposed on six liquid crystal display makers from Korea and Taiwan (Samsung / LG / AU Optronics / Chunghwa / Chimei InnoLux / HannStar)
University of East Anglia (Norwich)
United Kingdom 29 contributions 26271 visits
Article published on Centre for Competition Policy blog. The Significance of China’s First Fine on an International Cartel* On 4 January 2013, China’s National Development and Reform Commission (NDRC) announced that CNY 353 million (around £35m) would be paid by six South Korean and (...)

The Chinese NDRC imposes fines in a total amount of RMB 353 million on 6 LCD panel manufacturers (Samsung / LG / AU Optronics / Chunghwa / Chimei InnoLux / HannStar)
AnJie Broad Law (Beijing)
China 44 contributions 12340 visits
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AnJie Broad Law (Beijing)
China 15 contributions 1826 visits
NDRC Imposed the Penalty against LCD Panel Companies for Their Monopolistic Behavior* China’s National Development and Reform Commission (“NDRC”) has imposed a heavy penalty of total RMB 353 million yuan against six companies for the monopolistic behavior of price-fixing on liquid crystal (...)

The Chinese NDRC imposes significant fines on overseas manufacturers of LCD Panels (Samsung / LG / AU Optronics / Chunghwa / Chimei InnoLux / HannStar)
Kingson Law Firm
China 4 contributions 1653 visits
On 4 January 2013, National Development and Reform Commission ("NDRC") of the People’s Republic of China ("China") released an announcement with respect to its imposing significant fines on six overseas manufacturers of liquid crystal display panels ("LCD Panels"), among which were Samsung (...)

The US FTC imposes limits on enforcing FRAND licensing of standards-essential patents through the threat of seeking of injunctions (Google / Motorola)
International Center for Law & Economics (Portland)
United States 16 contributions 7588 visits
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Capital One (Virginia)
1 contribution 345 visits
Introduction In January of 2013, the Federal Trade Commission and Google (acting through its subsidiary, Motorola Mobility) signed a Consent Order ending the agency’s investigation into a number of practices. Much of the Order is aimed at imposing antitrust-based limits on the allowable (...)

The UK Competition Authority issues a report on prices in the road fuel sector
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217934 visites
United Kingdom: Office of Fair Trading Report points to Competition Working well in UK Road Fuel Sector* Rises in pump prices for petrol and diesel over the last 10 years have been caused largely by higher crude oil prices and increases in tax and duty and not a lack of competition, an (...)

Unilateral Practices

 The EU Commission publishes a green paper on unfair trading practices in the business-to-business food and non-food supply chain
RBB Economics (Brussels)
Belgium 13 contributions 11298 visits
Entering uncharted territory: the Commission’s thinking on territorial supply constraints* On 31 January 2013, the European Commission (DG Internal Market) published a Green Paper on unfair trading practices in the business-to-business food and non-food supply chain in Europe. One of the (...)

The Mexican Competition Authority fines fixed-line incumbent approximately EUR 39.5 M for repeatedly refusing interconnection to a closest competitor (Axtel / Telmex)
Amurabi (Paris)
France 3 contributions 4482 visits
Following a complaint by Axtel, one of the alternative telecom suppliers in Mexico, to the Mexican Federal Competition Commission (the “FCC”) in 2010, against Telmex and its subsidiary Telnor (the “Telmex Group”) for refusal to supply rental services of national short-and long-distance (...)

The Italian Council of State rules on the issue of dominant firms’ duty to supply essential information beyond the requirements of sector regulation (Bayer)
University of Naples
Italy 1 contribution 907 visits
Italy’s highest administrative court handed down an important ruling on the issue of the dominant firms’ duty under Article 102 TFEU to grant their competitors access to essential information when sector regulation encourages such a disclosure. By its judgment of 11 January 2013, no. 548 (the (...)

The Italian Supreme Administrative Court reinstates the Competition Authority’s decision fining a pharmaceutical group for abuse of dominant position in the market for the production and commercialisation of fosetyl-based fungicides against downy mildew in grapes (Bayer)
7 contributions 1784 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 2 contributions 625 visits
With decision of 11 January 2013, the Italian Supreme Administrative Court (Consiglio di Stato) quashed a judgment of the Italian Administrative Court of First Instance (TAR Lazio) and upheld the 2011 Italian Competition Authority’s (ICA) decision fining Bayer CropScience AG and Bayer (...)

The Italian Council of State reinstates fine for abuse of dominant position in the market for the production and commercialization of fosetyl-based fungicides (Bayer)
Ashurst (Milan)
Italy 102 contributions 29509 visits
Italian Council of State reinstates abuse fine on Bayer Cropscience Srl and Bayer Cropscience AG* Last 29 January 2013, the Italian Council of State published its ruling that quashed the Regional Administrative Court of Lazio’s judgment of 16 May 2012 in the Bayer Cropscience case. The TAR (...)

The Italian Council of State reinstates a € 5.1 million fine initially imposed on a pharmaceutical company by the Competition Authority for its alleged abuse of dominant position in the market for the production and commercialisation of fosetyl-based fungicides (Bayer)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52602 visits
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Gomson Global (Brussels)
Belgium 2 contributions 624 visits
On 22 January 2013, it was reported that the Italian Council of State – Italy’s highest jurisdiction in competition cases – had reinstated a € 5.1 million fine against Bayer initially imposed on the company by the Italian Competition Authority (“ICA”) for its alleged abuse of dominant (...)

The Spanish Administrative Tribunal of Contractual Appeals rules on the need to cancel the award and rerun a tender when faulty documents and their interpretation can give rise to discrimination (Cespa Espa Conten / Valladolid Regional Logistics Unit of the Army)
University of Bristol - Law School
Royaume-Uni 92 contributions 25315 visites
On 22 January 2013, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales, SCATCA) issued its Decision 29/2013 regarding the award of a contract for the disposal of waste and hazardous substances generated by the regional (...)

The Lithuanian Supreme Court upholds the Competition Authority’s decision finding abuse of dominant position in the fuel sector (Orlen Lietuva)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217934 visites
Lithuania: The Supreme Administrative Court upholds Competition Council’s Decision finding Abuse of Dominant Position in Fuel Sector* On 21 January 2013, the Supreme Administrative Court of Lithuania (the Supreme Court) issued a final ruling stating that the Competition Council (CC) by its (...)

The Lithuanian Supreme Court upholds the Competition Authority’s fine on a petroleum importer for abuse of dominance in the fuel sector (Orlen Lietuva)
Cobalt Legal (Vilnius)
19 contributions 18769 visits
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Cobalt Legal (Vilnius)
11 contributions 196 visits
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Danske Bank (Lithuania)
7 contributions 127 visits
The Supreme Administrative Court issued a non-appealable ruling stating that the fine of LTL 8,231,000 (approx. EUR 2.83 million) imposed on the oil company AB Orlen Lietuva by the Competition Council was reasonable. The decision marks the end of seven years of litigation in which the (...)

The French Supreme Administrative Court rules that a contracting authority may limit the number of lots awarded to a single contractor to foster competition and may award a lot to a public law entity (Laboratoires Biomnis)
University of Aix-Marseille
France 2 contributions 460 visits
The first point, which had never been dealt with by the Conseil d’Etat, is an important one since the French courts having jurisdiction as to the substance of the matter had adopted different positions and since neither the directive 2004/18 nor the Code des marchés publics (public procurement (...)

The Finnish Competition and Consumer Authority investigates the phenomena related to the use of buying power with questionnaires directed retailers and the food industry
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12558 visits
An abridged English version of the Finnish Competition Authority’s study on the Trade in Groceries is now available* According to the FCA study on buying power in the trade in groceries, retailers use their firm position with respect to suppliers in several ways that may be considered (...)

The Kazakhstani Administrative Court fines two major regional cement producers for tacit collusion (Semei Cement Plant / Bukhtarma cement company)
Center for Development and Protection of Competition Policy (Astana)
Kazakhstan 9 contributions 1990 visits
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Reed Smith (Astana)
Kazakhstan 4 contributions 905 visits
The regional division of the Antimonopoly agency – the Antimonopoly inspection of the East Kazakhstan oblast (‘Inspection’) conducted an investigation over the main competitors in the regional cement market, "Semei Cement Plant" LLC (‘LLC’) and "Bukhtarma cement company" JSC (‘JSC’), whose (...)

The US DoJ and PTO issue a policy statement on remedies for standards-essential patents subject to (F)RAND commitments
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 7528 visits
U.S. DOJ and PTO issue policy statement on remedies for standards-essential patents subject to (F)RAND commitments* On January 8, 2013 the U.S. Department of Justice, Antitrust Division (DOJ) and the U.S. Patent and Trademark Office (USPTO) issued a policy statement on remedies for (...)

The Chinese Xi’an Intermediate People’s Court rules in favour of a consumer in a case of abuse of dominance on the market for local cable service (Shanxi Broadcast)
King & Wood Mallesons (Beijing)
China 36 contributions 23181 visits
Chinese Consumer Wins Abuse of Dominance Civil Action against Tie-in Sales in Program Bundling* On January 5th, 2013, the Xi’an Intermediate People’s Court (the “Court”) ruled in favor of a consumer who sued Shanxi Broadcast & TV Network Intermediary (Group) Co., Ltd. (“Network”), the (...)

The US FTC closes its investigation and approves the voluntary commitment of an internet search engine (Google)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 30 contributions 9454 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 8 contributions 2982 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 22 contributions 10240 visits
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This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Thoughts On Google’s FTC Settlement On Jan. 3, 2013, the Federal Trade Commission ended its highly publicized and wide-ranging investigation into Google (...)

Mergers

 The French Competition Authority fines a complementary social protection organisation for having breached the notification requirement of a merger project (Réunica / Arpège)
French Competition Authority (Paris)
France 741 contributions 394291 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines Réunica for having breached the notification requirement of a merger project*. The Autorité de la concurrence just issued a ruling in which it imposed a fine of (...)

The German Competition Authority examines notified acquisition of daily newspapers (Frankfurter Rundschau / FAZ)
German Competition Authority (Bonn)
Germany 447 contributions 113567 visits
Bundeskartellamt examines acquisition of daily newspaper Frankfurter Rundschau by Frankfurter Allgemeine Zeitung (FAZ)* On 30 January 2013, the Bundeskartellamt was notified of plans by Frankfurter Allgemeine Zeitung GmbH, or rather its printing house, to acquire the publishing business of (...)

The US District Court for the District of Columbia grants a stay to the US DoJ’s challenge, giving time for further reflection on whether or not an improved remedy package is likely to eliminate competition concerns on the market for beer distribution (AB InBev)
King & Wood Mallesons (Sydney)
Australia 11 contributions 1422 visits
Judge calls time out on beer merger* Since our most recent post on the proposed merger of AB InBev and Grupo Modelo earlier this month there have been several developments. As you’ll recall, AB InBev was previously offering to sell its stake in Crown Imports (Modelo’s US distributor of beers (...)

The US DoJ files a civil antitrust lawsuit challenging a proposed acquisition of a major beer brewer (AB InBev / Grupo Modelo)
King & Wood Mallesons (Sydney)
Australia 11 contributions 1422 visits
This article was originally published on In Competition by King & Wood Mallesons (click here). Beer o’clock* As we reported in November 2012, Anheuser-Busch InBev’s proposed acquisition of the balance of Mexico-based Grupo Modelo (of which is already owns 50%), continues to face (...)

The EU Commission prohibits a merger due to a lack of verifiable arguments on efficiencies (UPS / TNT Express)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71732 visits
On 7 May 2014, the European Commission published a summary version of its 30 January 2013 decision prohibiting the acquisition of package delivery service TNT Express by rival United Parcel Service (UPS) (see VBB on Competition Law, Volume 2013, No. 1). The Commission had prohibited the deal (...)

The EU Commission blocks a proposed acquisition in the express mail service sector (UPS / TNT)
European University Institute (Florence)
Italy 49 contributions 104854 visits
Thoughts on the Commission’s Decision in UPS/TNT* My back of the envelope analysis of the Commission’s prohibition decision in UPS/TNT, following yesterday’s GCLC lunch talk. Some facts first - With this decision, the Commission prohibited a merger to duopoly in the express mail business. (...)

The Dutch Competition Authority approves merger between companies active in the field of ship construction and repair (Damen / Shipdock)
Mintz Levin Cohn Ferris Glovsky and Popeo PC (New York)
3 contributions 2731 visits
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European Commission
Belgium 2 contributions 841 visits
On 25 January 2013, the Netherlands Competition Authority ("NMa") approved a proposed concentration between Damen Shipyards Group N.V. ("Damen") and Shipdock Holding B.V. ("Shipdock"). This decision is an interesting one, because the NMa allowed the number of competitors on the relevant market (...)

The Czech NCA imposes a negligible fine against an eight-year long failure to notify a concentration (KHTG)
Czech Ministry of Justice (Prague)
Czech Republic 30 contributions 80799 visits
By its decision of 15 January 2013, the Czech Office for the Protection of Competition fined KAREL HOLOUBEK – Trade Group a.s. (“KHTG”), a Czech company active mainly in coal trade, for failing to notify its control of a majority shareholding in Karlovarská teplárenská a.s. (“KT”), a (...)

The German Competition Authority imposes a fine of 90.000 € for an incomplete notification regarding the acquisition of a slaughtering company (Clemens Tönnies)
German Competition Authority (Bonn)
Germany 447 contributions 113567 visits
Clemens Tönnies fined for incomplete notification of a merger* The Bundeskartellamt has imposed a fine of 90,000 euros on Mr Clemens Tönnies (senior) for the incomplete notification of the acquisition of the slaughtering company Tummel, Schöppingen, by his company group. The notification did (...)

The German Competition Authority fines company for non-disclosure of personal majority shareholdings in merger notification (Clemens Tönnies)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71732 visits
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Van Bael & Bellis (Brussels)
Belgium 15 contributions 4339 visits
According to a press release of 15 January 2013, the German Federal Cartel Office (“FCO”) has imposed a fine of € 90,000 on Clemens Tönnies, the majority shareholder of Tönnies Holding GmbH & Co. KG (“Tönnies Holding”), for the non-disclosure in a merger notification of Mr Tönnies’ (...)

The Common Market for Eastern and Southern Africa adopts new merger control filing regime
Sinclair Legal
1 contribution 124 visits
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Jones Day (London)
United Kingdom 4 contributions 294 visits
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King & Spalding (Tokyo)
Japan 1 contribution 124 visits
The competition law regime for the Common Market for Eastern and Southern Africa ("COMESA") went live on 14 January 2013 with the creation of a new supra-national African competition law authority, the COMESA Competition Commission ("CCC"). The CCC will review any merger or acquisition (...)

The Hungarian Competition Authority elaborates a more sophisticated approach in the course of establishing relevant product and geographic market of mergers in the retail sector (Copé / Intégal-M / Mába-Invest)
General Court of the European Union (Luxembourg)
Hungary 6 contributions 1930 visits
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CMS Cameron McKenna (Budapest)
Hungary 6 contributions 2008 visits
I. Facts COPÉ Vagyonhasznosító és Szolgáltató Zrt. („COPÉ”) acquired direct sole control over INTEGRÁL-M Kereskedelmi Kft. („INTEGRÁL-M”) and MÁBA-INVEST Ingatlanhasznosító és Szolgáltató Kft. („MÁBA-INVEST”). The procedure was conducted in a phase II procedure, in which the Gazdasági (...)

The US DoJ challenges an acquisition by a market leader in product ratings and reviews the platforms of its alleged closest competitor (Bazaarvoice / PowerReviews)
Wilson Sonsini Goodrich & Rosati (Washington)
United States 3 contributions 1076 visits
On January 10, 2013, the U.S. Department of Justice sued Bazaarvoice, Inc. alleging that its acquisition of PowerReviews, Inc. in June 2012 violated Section 7 of the Clayton Act. The complaint alleges that Bazaarvoice was the market leader for product ratings and reviews platforms (PRR (...)

The US FTC announces revised HSR thresholds
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 22 contributions 10240 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 contributions 2675 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 contributions 3246 visits
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On January 10, 2013, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). If a (...)

State Aid

 The Dutch State Council finds that by offering a distance learning Bachelor of Laws programme, a Dutch University is not performing an economic activity and therefore confirms that it is not to be seen as an undertaking (Open Universiteit Nederland)
VVGB (Brussels)
Belgium 5 contributions 894 visits
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Allen & Overy (Brussels)
Belgique 13 contributions 4721 visites
NL29 Open Universiteit Nederland 30.01.13 Administrative Jurisdiction Department of the Council of State, State Aid On the 30th of January 2013, the Council of State found that by offering a distance learning Bachelor of Laws programme, the ‘Open Universiteit Nederland’ (open university of (...)

The Dutch Council of State concludes, following a reference to the EU Commission, the funding of a distance learning course by the State does not breach State aid rules because the provider cannot be considered an undertaking, notwithstanding the fact that there are private operators in the market (LOI / Nederlands Talen Instituut)
Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 580 visits
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Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 20 contributions 980 visits
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Freshfields Bruckhaus Deringer (Amsterdam)
Netherlands 19 contributions 580 visits
By decision of 21 November 2008, the Minister of Education, Culture and Science refused to grant permission to the Open University of the Netherlands (OUN) to provide the part-time Higher Education (one step below university level) bachelor’s degree programme in law in the form of distance (...)

Procedures

 The Paris Court of Appeal dismisses an action from a cosmetics manufacturer against a decision of the French Competition Authority that sanctioned it for prohibiting its authorised distributors from Internet sales (Pierre Fabre)
Kalliopé Société d’Avocats (Paris)
France 1 contribution 814 visits
On 31 January 2013, the Paris Court of Appeal ("the Court") dismissed an action by Pierre Fabre Dermo-Cosmétique SAS ("Pierre Fabre") against a decision of the French Competition Authority ("the FCA") dated 29 October 2008 ("the Decision") ordering Pierre Fabre to amend its selective (...)

The UK Government makes collective legal actions against price-fixing easier
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217934 visites
United Kingdom: New Help for Consumers and Businesses to take Action against Price-Fixing* Groups of consumers and companies will find it easier to take collective legal action against businesses acting in an anti-competitive way under new proposals announced by the Department for Business, (...)

The UK Government opts into class actions
White & Case (London)
United Kingdom 14 contributions 34885 visits
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White & Case (London)
United Kingdom 2 contributions 340 visits
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Government proposals in brief The Government’s proposals are contained in its response to the consultation on options for reform of private competition (...)

The EU General Court grants interim measures to a company fined by the Commission raising the issue whether late payment interest should be suspended (Garantovana)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17297 visits
To better understand the purpose of this article, a distinction is made between the following parameters : Commission Decision adopted on 22 July 2009 (the "Decision"), order of the President of the General Court on the request for interim measures (the "order") & the subsequent judgment (...)

The US Court of Appeals for the Third Circuit applies “consumer-or-competitor” rule to deny antitrust standing to a foreign manufacturer of a drug marketed in the US by licensee (Ethypharm / Abbott)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38903 visits
Third Circuit Holds the Line on Antitrust Standing* In order to assert an antitrust injury, a plaintiff needs to be a consumer or a competitor in the restrained market, the U.S. Court of Appeals in Philadelphia ruled on January 23, 2013. If a company makes the choice not to compete, then it (...)

The Indian Competition Authority rules on an anomaly of asset acquisitions under Indian merger control (Intel / Motorola) (Magma / Religare) (NHK Automotive Components / Bombay Burmah Trading) (Aica / Bombay Burmah Trading)
Trilegal (Mumbai)
India 5 contributions 889 visits
This article analyses the treatment of asset acquisitions under India’s merger control regime in light of certain specific precedents set by the Competition Commission of India (“CCI”) in its assessment of merger notifications to date. Under the Competition Act, 2002 (“Act”), acquisitions of (...)

The EU Court of Justice upholds the General Court’s ruling finding that a reduction in the subsidiary’s fine also applies to the parent company where appeals have a common object (Pegler / Tomkins)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92492 visits
On 22 January 2013, the Court of Justice of the EU (“ECJ”) ruled that, when the EU courts reduce a fine imposed by the Commission on a subsidiary for an infringement of the EU competition rules, they may also apply the same reduction to the fine imposed jointly and severally on the (...)

The Danish Parliament adopts amendments to the Danish Competition Act introducing criminal sanctions against cartels
Copenhagen Business School
Denmark 3 contributions 902 visits
On 23 December 2012, Denmark adopted amendments to the Danish Competition Act and to the Criminal Code. The main changes were the introduction of the possibility of incarceration in cartel cases as well as increased fines. According to the Competition Act’s section 23, membership of a cartel (...)

The Common Market for Eastern and Southern Africa (COMESA) institutes a new supra-national African competition law regime
Squire Patton Boggs (London)
United Kingdom 11 contributions 4922 visits
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Jones Day (Brussels)
Belgium 28 contributions 8523 visits
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Jones Day (Dusseldorf)
Germany 19 contributions 6245 visits
A new supra-national African competition law regime, the COMESA Competition Commission ("CCC"), began operations in January 2013. This new regime includes new merger control regulations likely to have a significant impact on international businesses with local operations in the region. The CCC (...)

The US FTC announces annual changes to HSR thresholds
White & Case (Washington)
United States 18 contributions 6664 visits
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Allen & Overy (Palo Alto)
United States 17 contributions 13608 visits
On January 10, 2013, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required to revise the jurisdictional thresholds annually, based on the change in gross national product. The thresholds will increase (...)

The Portuguese Competition Authority issues new leniency regulation and notice
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46563 visits
On 3 January, the Portuguese national competition authority (Autoridade da Concorrência) published a new Regulation (Regulamento nº 1/2013) setting out the procedure for benefiting from immunity from fines and the reduction of fines in cartel cases. The Autoridade da Concorrência has (...)

Regulatory

 The French Competition Authority reaffirms importance of mobile virtual network operators in stimulating competition on mobile telephony markets
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217934 visites
France: The Autorité de la concurrence reaffirms Importance of MVNOs in stimulating Competition on Mobile Telephony Markets* On 21 January 2013 the Autorité de la concurrence (the Autorité) issued an opinion examining the market conditions for mobile virtual network operators (MVNOs) and (...)

The Argentinean Supreme Court prevents the application of competition provisions of the new regulatory broadcasting framework that forces the country’s biggest media conglomerate to break up (Grupo Clarin)
World Courier (London)
4 contributions 1599 visits
Against the expectations of the government of Argentina, the Argentinean Supreme Court, agreed to the request of the biggest Argentinean media conglomerate, Grupo Clarín, and extended on 27 December 2012 an injunction which suspended the adjustment obligation established under Section 161 of (...)